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2013-06-15 | BWBV0002607 | Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Ghana inzake de terbeschikkingstelling van ontwikkelingswerkers

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verdrag/overeenkomst-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regerin/BWBV0002607/README.md
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@ -4,7 +4,7 @@ titel: Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de
bwb_id: BWBV0002607
type: verdrag
status: geldend
datum_inwerkingtreding: '1993-06-15'
datum_inwerkingtreding: '2013-06-15'
bron: https://wetten.overheid.nl/BWBV0002607
citeertitel: Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en
de Regering van de Republiek Ghana inzake de terbeschikkingstelling van ontwikkelingswerkers
@ -14,84 +14,40 @@ citeertitel: Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden
### Artikel 1
**1.** The Netherlands Government shall, within the limits imposed by the availability of manpower, financial and material resources, provide technical assistants to serve on specific development projects in Ghana as may be agreed upon by the two Governments.
**2.** The Netherlands Government shall designate and entrust the implementation of this Agreement and other subsidiary agreements to the SNV-Netherlands Development Organization (hereinafter"SNV").
**3.** The details of implementation and administration of this Agreement shall be arranged by subsidiary agreements to be concluded between SNV and the competent Ghanaian authorities, i.e. Department of Social welfare.
**4.** In order to enable SNV to discharge its responsibilities in Ghana the Government of Ghana is prepared to receive a Resident Representative of SNV and necessary staff.
Vervallen
### Artikel 2
**1.** The Netherlands Government shall provide assistance for the satisfactory performance of the duties of technical assistants to be assigned to approved projects under this agreement and subsidiary agreements.
**2.** During the period of their stay in Ghana the technical assistants shall be subject to the laws and the regulations in force in Ghana.
**3.** Subject to prior agreement of the Ghana Government, representatives of the Netherlands Government or of SNV may visit projects in Ghana with the view to observe the performance of their technical assistants working in the project.
Vervallen
### Artikel 3
**1.** Notwithstanding the provisions of Article 1 of this Agreement the Netherlands Government shall have the right to recall its technical assistants after consultation with the appropriate authorities of the Ghana Government. The necessary caution shall be taken so that such recall will not impair the smooth execution or operation of projects or programmes in which the technical assistants are engaged.
**2.** The Government of Ghana shall after consultation with the Netherlands Government, have the right to demand the recall and replacement of any technical assistant if his personal or professional conduct justifies such a measure.
Vervallen
### Artikel 4
**1.**
The Netherlands Government shall:
a) be responsible for pre-assignment training and orientation of technical assistants prior to their arrival in Ghana;
b) meet the cost of social insurance, salaries, and transportation from and to the Netherlands for all technical assistants;
c) furnish the technical assistants with such personal and professional equipment, including motor vehicles as is deemed necessary for the effective execution of their duties, if such equipment cannot be made available by the project.
**2.** The equipment and motor vehicles referred to above shall remain the proporty of the Netherlands Government unless, by mutual agreement, the ownership thereof has been vested in the Ghana Government.
Vervallen
### Artikel 5
The Ghana Government shall provide any available facilities and the necessary assistance for the clearance and temporary storage at the place of arrival in Ghana of the equipment and motor vehicles mentioned in Article 4 above.
Vervallen
### Artikel 6
The Ghana Government shall, in respect of the technical assistants:
a) exempt from import duties new or used household effects and personal belongings as well as professional equipment, imported into Ghana within six months off their arrival or that of their dependants, provided such goods are reexported from Ghana at the time of departure or shall be subject to the payment of customs duties, taxes and related charges if sold locally to persons other than those entitled to similar privileges;
b) exempt from or bear all costs of import and export duties, taxes and other related charges equipment, materials, supplies and motor vehicles provided by the Netherlands Government or SNV for the implementation of agreed projects or programmes under this Agreement or any subsidiary agreement;
c) exempt from income tax and other fiscal charges on salaries and emoluments received from Netherlands or other foreign sources as payment for their services in Ghana;
d) exempt from customs duties one motor-vehicle imported within six months of their first arrival in Ghana provided that such vehicle, unless sold to another person with similar privileges, shall be subject to the payment of import duty, taxes and other related charges if sold locally;
e) grant exchange facilities for their incomes in accordance with the relevant regulations of the National Bank of Ghana;
f) provide them with entry and exit visas, work and residence permits free of charge as and whenever required, and with identity documents to ensure the necessary cooperation of the appropriate authorities of the Republic of Ghana in the performance of their duties;
g) provide them and their dependants with permission to enter or leave the country at any time subject only to applicable immigration laws of Ghana and offer them repatriation facilities in times of national or international crises as may be reasonable under the circumstances;
h) exempt the technical assistants or their dependants from national service obligations;
i) the preceding paragraphs of this Article shall equally apply to those technical assistants who after termination of their first period of service engage to a new period of service.
Vervallen
### Artikel 7
The Government of Ghana shall:
1. grant the exemptions and privileges of Article 6, except paragraph b, to the Resident Representative and his expatriate staff;
2. exempt SNV from customs duties, taxes and other related charges on equipment, materials, supplies and vehicles imported by it solely for the use of its office, provided that such equipment material, supplies and vehicles shall be subject to the payment of customs duties, taxes and other related charges if sold locally to persons other than those entitled to similar privileges.
Vervallen
### Artikel 8
The Ghana Government shall:
a) provide technical assistants assigned to a governmental organisation with local salary and allowances equal to the salary of a civil servant of comparable rank.
b) provide the technical assistants with free housing at places where they are to perform their duties;
c) provide the technical assistants with medical and dental facilities to the same standard as provided to civil servants of the Ghana Government of comparable rank;
d) agree to it that local institutions and organisations may contribute to the salaries of technical assistants, but at most the salary of an Ghanaian employee of comparable rank.
Vervallen
### Artikel 9
**1.** The Government of Ghana shall grant the Resident Representative, his expatriate staff and the technical assistants of SNV immunity from legal action in respect of any acts done and words spoken or written in their official capacity.
**2.** The Government of Ghana shall indemnify and hold harmless the Government of the Netherlands, the SNV and its Resident Representative, as well as his expatriate staff and the technical assistants against any extra-contractual civil liabilities arising from any act or omission on the part of anyone of them under this Agreement resulting in the death, physical injury or damage to property of a third party in so far such death, injury or damage does not arise from criminal act, wilful misconduct or gross negligence.
**3.** In the event the Ghana Government has to meet claims under Article 9 paragraph 2 above, it shall be entitled to exercise and enforce all rights to which the Netherlands Government, the SNV and its Resident Representative, as well as his staff and the technical assistants would be entitled. The Government of the Netherlands shall facilitate the exercise and enforcement of such rights by the Ghana Government.
Vervallen
### Artikel 10
**1.** The present Agreement will be applied provisionally from the date of the signature and shall enter into force on the date on which the Netherlands Government and the Ghana Government have informed each other in writing that the constitutional requirements in their respective countries have been complied with. As regards the Netherlands Government, this Agreement shall apply only to the part of the Kingdom in Europe.
**2.** The present Agreement shall be valid for a term of five years and shall be renewable by tacit consent for similar periods afterwards unless one of the Governments notifies the other at least six months before the expiry of the current period of its intention to terminate it.
Vervallen